PARTS TERMS AND CONDITIONS
USED PARTS
Warranty. Used Products are sold on an AS-IS basis, without any warranty whatsoever, except as may be expressly stated in writing.
Seller expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for any particular use. Seller neither assumes nor authorizes any other person to assume any liability on its behalf in connection with this sale. Only the manufacturer’s warranty, if any, and provisions provided herein apply to this sale.
For used parts sold by Seller, as of the time of purchase the used parts are guaranteed to meet Caterpillar reusability guidelines. If Seller, in its sole discretion, determines the part is unusable per Caterpillar’s reusability guidelines, the customer will be refunded the costs for the part and shipping.
For rebuilt parts, there is a 90-day warranty beginning on Seller’s invoice date. For any rebuilt part that is returned to Seller for repairs under the warranty and Seller determines the part is damaged due to improper use or installation, the customer will be notified and may be required to pay for costs of repair and shipping.
Returns/Repairs. Before any part is returned for repair, the customer must receive a return authorization from Seller. If the customer fails to receive a return authorization prior to shipping the part to Seller, then Seller reserves the right to refuse to repair the part and will not incur any costs associated with the repair or shipping of the part. Any attempt to salvage or repair the part without prior approval from Seller will void any warranty provided by Seller. The customer is responsible for part and shipping costs for any part ordered due to customer error.
NEW PARTS
Warranty. Seller expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for any particular use. Seller neither assumes nor authorizes any other person to assume any liability on its behalf in connection with this sale. Only the manufacturer’s warranty, if any, and provisions provided herein apply to this sale.
For new/surplus parts, there is a 90-day warranty beginning on the Seller’s invoice date. On a case-by-case basis after the return authorization has been issued by Seller, the customer may (1) receive a refund for the part and shipping charges, (2) receive a replacement part if the part is available in current inventory, or (3) receive the part after it has been repaired.
Returns/Repairs. Before any part is returned for repair, the customer must receive a return authorization from Seller. If the customer fails to receive a return authorization prior to shipping the part to Seller, then Seller reserves the right to refuse to repair the part and will not incur any costs associated with the repair or shipping of the part. Any attempt to salvage or repair the part without prior approval from Seller will void any warranty provided by Seller. The customer is responsible for part and shipping costs for any part ordered due to customer error.
Parts Return Policy- New Parts Only.
Stock Items: Current Parts Furnished from Dealer Stock
Non-Stock Items: Parts that did not come from current dealer stock
Other vendor parts will be accepted for return only if our supplier will accept the return from Gregory Poole Equipment Company. Credit will be issued equal to the amount we receive from our supplier, less any freight charges incurred.
TERMS APPLICABLE TO ALL PARTS SALES
Payment Terms. Gregory Poole Equipment Company’s standard credit account terms apply to all purchases made on existing credit accounts. For cash sales, payment is due at time of purchase.
Acceptance of Goods. Customer has a duty to inspect all goods immediately upon delivery. Customer will be conclusively presumed to have accepted goods in the condition existing at the time of delivery hereunder unless within forty-eight (48) hours thereafter Customer notifies Seller of any actual existing defects that the goods are rejected.
Title and risk of loss. Title to the goods passes to Customer upon payment in full of the purchase price and all associated costs including without limitation shipping, delivery, and installation. The risk of loss passes to Customer upon delivery if the goods delivered to Customer by Seller and upon shipment if the goods are shipped to Customer.
Limitation of Liability/Costs. Seller is not responsible for any incidental or consequential damages. Seller is not responsible for any labor or miscellaneous costs required to remove or reinstall any part covered herein. Seller will not provide, at its own expense, any rental equipment for Customer while the part is being repaired; however, Customer has the option, at its own expense, to rent replacement equipment from Seller.
Choice of Law/Jurisdiction. All transactions are governed by the laws of the State of North Carolina. Any lawsuit arising out of any transaction with Seller must be filed and litigated in the state or federal courts located in Wake County, North Carolina.
Attorneys’ Fees. The prevailing party in any dispute arising out of a transaction between Seller and Customer is entitled to recover its reasonable attorney’s fees and court costs.